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2017 Supreme(Gau) 1170

SONGKHUPCHUNG SERTO
Kumol Tayeng – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Mr. V. Jamoh, Advocate.
For the Respondent: Ms. M. Tang, Addl. PP.

JUDGMENT AND ORDER :

S. Serto, J.

This is an application under Section 482 Cr.P.C., 1973 praying for quashing and setting aside the Charge-Sheet No. 71/2014 submitted by the Naharlagun Police in the Court of Chief Judicial Magistrate, Capital Complex, Yupia in respect of Naharlagun P.S. Case No. 51/2014 under Section 366 IPC.

Heard Mr. Vijay Jamoh, learned counsel appearing for the petitioner and Ms. M. Tang, learned Addl. PP appearing on behalf of the State of Arunachal Pradesh.

2. Facts and circumstances which led to the filing of the present petition are as follows; that on 04.12.2014, the petitioner No. 1 lodged an FIR at Naharlagun Police Station stating that his daughter i.e. petitioner No. 2 has been kidnapped/abducted to compel her marriage by the petitioner No. 3 who now has become his son in law having married the petitioner No. 2.

Following the said complaint, the FIR being Naharlagun P.S. Case No. 51/2014 was registered under Section 366 of the IPC against the petitioner No. 3. However, it was found later on that it was not a case of kidnapping or abduction but as consensual elopement, therefore, 2 families i.e. the families of petitioner Nos. 1 & 2 and the family members of























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